Richard Beaman
Solicitor
14 Sept, 2010

Claims arising out of tripping accidents which occur typically on the public highway and footpaths are due to uneven paving slabs or potholes that have been allowed to develop.

There are two legal bases for claims arising out of trips on the highway.The main statute giving rise to claims is the Highways Act which sets out that a highway authority, typically the Local Council, has responsibility for maintaining the highway in a reasonably safe condition. There is a statutory defence under the Highway Act, in that if the highway authority can show that they have a good system of inspection they can establish the defence and avoid liability for the accident.

The other possible source of liability for trips on the highway is under the Occupiers' Liability Acts. This liability arises either because the owner of the land on which the accident occurs is not the Local Council, or a highway authority, but a company or private individual or where the accident happens outside a Council house. Under the Occupiers Liability Acts the occupier of land, I.e. the legal owner of land, has responsibility for the reasonable safety of visitors to the land. The Occupiers Liability Act 1984 sets forth that even if you are trespassing on property the owner of it still owes you a duty of care. For more information on how to start one of these claims, speak to your solicitor for more details.

The important thing to establish, very early on, in respect of trips on the highway is the precise nature of the tripping hazard and its dimensions. There is a requirement for the defect which caused the accident to be "dangerous". This is not defined but clearly the defect has to be of a significant size so that it is fairly clear that it is likely to cause a claim of this nature. The best means of proving the nature of the defect is with photographs, including a photo of the wider area for identifying the precise location of the defect and also containing a measurement to show the depth and danger of the defect.

A trip on the highway can give rise to very serious injuries including broken ankles, broken legs or broken hands or arms, where you put out your hand or hands to break your fall. If you have a trips on the highway claim, you should consult a solicitor to see if you can make a claim.